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CSPMTL 194 (Five Year Rule Review - Rules and Forms Regarding Deceased Child Support Participants)
Child Support Program Manual Transmittal Letter No. 194
April 22, 2024
TO: All Child Support Program Manual Holders
FROM: Matt Damschroder, Director
SUBJECT: Five Year Rule Review - Rules and Forms Regarding Deceased Child Support Participants

The Office of Child Support (OCS) is conducting a rule review in accordance with section 106.031 of the Revised

Code, which requires the review of all state agency rules within a five-year period.

OCS has amended the following rules:

Amended Rule Amended Rule Title Prior Effective Date of Rule Effective Date of Amendment
5101:12‑60‑50 Termination of Support 02/11/2019 5/01/2024

This rule describes how the Child Support Enforcement Agency (CSEA) with administrative responsibility for a child support order administratively terminates the current child support obligation and the medical support provisions when a required or optional administrative termination reason exists.

Changes to the rule include: corrected a typo in paragraph (A), removed language in existing paragraph (C) as it is no longer needed; added new language to paragraph (C)(9) to clarify the term "legal custody" of a child and updated references in paragraph (F).

This rule is authorized by ORC sections 3119.94 and 3125.25, and amplifies ORC sections 3119.87 and 3119.88.

5101:12‑60‑50.1 Administrative Termination Investigation, Findings and Recommendations, and Impounding Support 02/11/2019 5/01/2024

This rule describes the process that the CSEA shall follow to complete an administrative termination investigation, issuing findings and recommendations as a result of that investigation, and the process for impounding support; and provides a formula for calculating cash medical support when the CSEA terminates a child from an order and determines that there are other minor children subject to the child support order.

Changes to the rule include: added Public Children Services Agency (PCSA) throughout the rule; updating references in (A)(1), and removed existing language in (A)(1)(b) as it is no longer needed; and amended language for clarity in paragraphs (A) through (D) to assist the CSEAs in their administrative termination investigation.

This rule is authorized by ORC sections 3119.94 and 3125.25, and amplifies ORC sections 3119.89 and 3119.90.

5101:12‑60‑50.2 Administrative Termination Hearing, Court Hearing, Administrative Termination Order, and Disbursement of Impound Funds02/11/20195/01/2024

This rule describes the process for the CSEA to conduct an administrative termination hearing, to issue an administrative termination order, and the process of disbursing impounded funds once an order has been terminated. This rule also describes the ability for the parties of the order to request a court hearing when an administrative termination request is either denied or the parties object to the outcome, and also replaced the term "obligor and obligee" with "party" throughout the rule to include other representatives of the obligor or obligee.

Changes to the rule include: amended language in paragraph (A) to specify what the obligor or obligee may be able to present at the administrative hearing, and added new language in paragraph (E) instructing CSEA to terminate the income withholding (JFS 04047) when the obligor does not owe any arrears or to issue a new JFS 04047 for any remaining balance.

This rule is authorized by ORC sections 3119.94 and 3125.25, and amplifies ORC sections 3119.91, 3119.92, and 3119.93.

OCS has adopted the following rules:

Adopted Rule Adopted Rule Title Effective Date
5101:12‑65‑05 Scope and Definitions 5/01/2024

This rule provides definitions for the rules contained in chapter 5101:12-65. This rule and its supplemental rules describe procedures for processing a case when an obligee or obligor to a child support case for which the CSEA has administrative responsibility is deceased. This rule has been adopted to implement section 3119.88 of ORC when the obligee or obligor is deceased in order for the CSEA to initiate a termination investigation.

 

This rule is authorized by ORC sections 3119.94 and 3125.25, and amplifies ORC sections 3125.03and 3125.11.

5101:12‑65‑05.1 Deceased Obligee 5/01/2024

This rule describes procedures for processing a case when an obligee is deceased. This rule has been adopted to implement section 3119.88 of ORC when the obligee is deceased in order for the CSEA to initiate a termination investigation.

This rule is authorized by ORC sections 3119.94, 3121.07, 3121.43, 3121.71, 3123.823, and amplifies ORC sections 3119.27, 3119.89, 3119.90, 3121.07, 3121.43, 3121.56, 3121.58, 3123.821, 3125.03, 3125.07, 5107.20, and 5160.38.

5101:12‑65‑05.2 Deceased Obligor5/01/2024

This rule describes procedures for processing a case when an obligor is deceased. This rule has been adopted to implement section 3119.88 of ORC when the obligor is deceased in order for the CSEA to initiate a termination investigation.

This rule is authorized by ORC sections 3119.94, 3125.25, and amplifies ORC Sections 2117.06, 3119.88, 3119.89, 3119.90, 3121.43, 3121.58, and 3125.03.

INSTRUCTIONS:

When the CSPMTL is published, the CSPM will be updated as follows:

  • An Amended rule will be inserted, and the previous version will be moved to the OAC Archive section of the eManuals.
  • An Adopted rule will be inserted. 

The rules and forms in the CSPM can be accessed at: http://emanuals.jfs.ohio.gov/

INSTRUCTIONS for CSEA INTERNAL PROCEDURAL HANDBOOK:

Paragraph (J)(1) of OAC rule 5101:12-1-01 states that, whenever a program change requires modification of local procedures, the CSEA is required to revise its internal procedural handbook and submit the revision to OCS within thirty days of the revision.  The CSEA should carefully review the amended rules contained in this CSPMTL to determine whether they require the CSEA to update its internal procedural handbook.